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Class 1 — Merit appeal Bayside Council 19 May 2026

Kharroubi v Bayside Council [2026] NSWLEC 1284

Before: Espinosa C · NSW Land and Environment Court

Conciliation / Agreement

Summary

The Court orders: The appeal is upheld. That Development Control Order (General Order No. 3 and Order No.

Catchwords

DEVELOPMENT CONTROL ORDER APPEAL – conciliation conference – agreement between the parties - orders

Outcome

The Court orders: (1) The appeal is upheld. (2) That Development Control Order (General Order No. 3 and Order No. 11) dated 17 December 2025, is revoked pursuant to s 8.18(4)(a) of the Environmental Planning and Assessment Act 1979 (NSW). (3) That the Development Control Order (Compliance Order No.11) is modified in accordance with Annexure A, pursuant to s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979 (NSW).

Legislation cited

Environmental Planning and Assessment Act 1979 (NSW), s 8.18 Land and Environment Court Act 1979 (NSW), s 34

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Authoritative text on NSW Caselaw · ~3k words

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